Quotulatiousness

May 24, 2013

The first amendment applies to everyone, not just the professional media

Filed under: Law, Liberty, Media, USA — Tags: , , — Nicholas @ 08:33

Jonah Goldberg on the bits of the first amendment that the mainstream media tends to forget about:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

That’s the full text of the First Amendment. But (with apologies to the old Far Side comic), this is what many in the press, academia, and government would hear if you read it aloud: “Congress shall make no law respecting an establishment of religion, blah blah blah, or abridging the freedom of the press, blah blah blah blah.”

[. . .]

The press can always be counted upon not just to speak up for itself, but to lavish attention on itself. “We can’t help that we’re so fascinating,” seems to be their unspoken mantra.

And that’s fine. What’s not fine is the way so many in the press talk about the First Amendment as if it’s their trade’s private license.

The problem is twofold. First, we all have a right to commit journalism under the First Amendment, whether it’s a New York Times reporter or some kid with an iPhone shooting video of a cop abusing someone.

I understand that professional journalists are on the front lines of the First Amendment’s free-press clause. But many elite outlets and journalism schools foster a guild mentality that sees journalism as a priestly caste deserving of special privileges. That’s why editorial boards love campaign-finance restrictions: They don’t like editorial competition from outside their ranks. Such elitism never made sense, but it’s particularly idiotic at a moment when technology — Twitter, Facebook, Tumblr, Vine, etc. — is democratizing political speech.

Australian police in a lather over 3D printed guns

Filed under: Australia, Law, Liberty, Technology — Tags: , , — Nicholas @ 08:17

In The Register, Simon Sharwood covers the anguished response of police in New South Wales over the availability of “The Liberator”:

The New South Wales Police Force, guardians of Australia’s most-populous state, have gotten themselves into a panic over the Liberator, the 3D-printable pistol.

The Force’s Commissioner Andrew Schipione today appeared at a press conference to denounce the Liberator and urge residents of the State not to download plans for the gun.

Schipione offered this advice after the Force’s ballistics team acquired a 3D printer, downloaded plans for the Liberator and assembled a pair of the pistols.

One, when fired into a resin block said to simulate human flesh, is said to have penetrated to a depth of 17 fatal-injury-inducing centimetres.

The other experienced “catastrophic failure”, as we predicted a couple of weeks ago. […] That failure didn’t stop Schipione declaring the Liberator a threat to public safety.

To understand why, you need to know that NSW has of late experienced gun violence at rather unusual levels by Australian standards (which means over a year all of Sydney had about half an episode’s worth of gun violence on The Wire). That spate of shootings has led to Operation UNIFICATION, an effort kicking off this weekend that encourages Australians to rat out strike a blow for public safety by informing Police about illegal guns.

May 23, 2013

QotD: The two core political “philosophies”

Filed under: Liberty, Politics, Quotations — Tags: , , , — Nicholas @ 00:01

In the final analysis, there are only two political “philosophies” in the world, comprised, as Robert Heinlein suggested, of “those who think that people should be controlled, and those who do not”. The latter sort are called “individualists” and the former are called “collectivists”.

Naturally, the reason for controlling people is so that whatever they create or earn can be taken from them easily, using a variety of excuses, by those who are capable of creating or earning nothing themselves.

To the individualist, individual rights are the supreme value. Only individuals have rights, and they are not additive in character. Two people, or two thousand people, or two million people have no more rights than a single individual, and to the extent that a society is permitted to exist at all, it is to protect and advance the interests of its basic, indispensable building block, the individual. Every single relationship within such a society must be explicit and totally voluntary.

To collectivists, however, there are no individual rights, and the individual’s interests and opinions count for nothing in the broader, grander, collective scheme of things. Individuals are born with what amounts to an unpayable obligation to society. They are nothing more than worker-ants, whose talents and labor are there to be exploited by the collective. Anybody who objects is anti-social, as both Josef Stalin and Barack Obama would tell us, and most likely insane and in need of confinement.

L. Neil Smith, “Right Wing Socialism”, Libertarian Enterprise, 2013-05-19

May 21, 2013

Conflating rules for “sexual harassment” with “sexual assault”

Filed under: Bureaucracy, Law, Liberty — Tags: , , , , , , — Nicholas @ 10:17

Wendy Kaminer on the issues of sexual harassment rules on campus:

What’s the difference between an unwelcome request for a date and rape? Pursuant to the Obama administration’s definition of sexual harassment, this is not an easy question to answer.

You have to read the administration’s latest diktat to colleges and universities to believe it. In a joint letter to the University of Montana (intended as ‘a blueprint’ for campus administrators nationwide), the Department of Justice (DoJ) and the Education Department’s Office of Civil Rights (OCR) define sexual harassment as ‘unwelcome conduct of a sexual nature’, verbal or non-verbal, including ‘unwelcome sexual advances or acts of sexual assault’. Conduct (verbal or non-verbal) need not be ‘objectively offensive’ to constitute harassment, the letter warns, ignoring federal court rulings on harassment, as well as common sense. If a student feels harassed, she may be harassed, regardless of the reasonableness of her feelings, and school administrators may be legally required to discipline her ‘harasser’.

They are also required to promulgate detailed policies parroting the DoJ/OCR definition of harassment, as well as procedures for reporting and prosecuting alleged offences: ‘Federal government mandates unconstitutional speech codes at college and universities nationwide’, the Foundation for Individual Rights in Education (FIRE) accurately declares:

‘Among the forms of expression now punishable on America’s campuses by order of the federal government are:

  • Any expression related to sexual topics that offends any person. This leaves a wide range of expressive activity — a campus performance of The Vagina Monologues, a presentation on safe-sex practices, a debate about sexual morality, a discussion of gay marriage, or a classroom lecture on Vladimir Nabokov’s Lolita — subject to discipline.
  • Any sexually themed joke overheard by any person who finds that joke offensive for any reason.
  • Any request for dates or any flirtation that is not welcomed by the recipient of such a request or flirtation.

There is likely no student on any campus anywhere who is not guilty of at least one of these “offences”. Any attempt to enforce this rule evenhandedly and comprehensively will be impossible.’

FIRE is right to note that fair, inclusive enforcement of this mindlessly broad policy is impossible. But I doubt it’s intended to be fairly enforced. I doubt federal officials want or expect it to be used against sex educators, advocates of reproductive choice, anti-porn feminists or gay-rights advocates if their speech of a sexual nature is ‘unwelcome’ by religious conservatives.

“… and Lord Tebbit as the Bursar”

Filed under: Britain, Law, Liberty — Tags: , — Nicholas @ 09:05

In case you didn’t catch it, this is a Discworld reference.

May 20, 2013

18-year-old charged with two felonies due to relationship with 15-year-old

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:08

An 18-year-old Floridian is facing two felony charges of “lewd and lascivious battery on a child 12 to 16” due to a relationship with a 15-year-old girl:

“These people never came to us as parents, never tried to speak to us… and tell us they had a problem with the girls dating,” Kaitlyn Hunt’s mother, Kelley Hunt-Smith, wrote in an statement posted to Facebook. “…They were out to destroy my daughter. [They] feel like my daughter ‘made’ their daughter gay.”

According to Hunt-Smith, police arrived at the family’s home Feb. 16 and put her daughter in handcuffs. Local news website TCPalm.com listed Kaitlyn Hunt’s arrest for “lewd and lascivious battery” on Feb. 18, and the girl’s mug shot is still easily accessible on the Internet.

But the trouble didn’t stop there. The other girl’s parents repeatedly tried to have Kaitlyn, a senior, expelled from school. Despite the Sebastian River High School administration’s denial of their request, and a judge’s order allowing Kaitlyn to remain in school (so long as the girls had no contact), the 15-year-old’s parents successfully petitioned the school board to have Hunt removed from school weeks prior to graduation.

On the one hand, it’s outrageous that Hunt has been charged, but it’s oddly re-assuring that even though it’s a lesbian relationship, it’s being dealt with exactly the same way that a comparable heterosexual relationship would be: treated as a sex crime. And yes, in either case it’s absurd that teenagers are being classed as sexual predators for relationships that would have been considered quite ordinary a decade ago.

Neil Reynolds, RIP

Filed under: Cancon, Liberty, Media — Tags: , , , — Nicholas @ 08:25

Although he was much better known for his career in journalism, I first got to know Neil Reynolds when he joined the Libertarian Party of Canada to contest the 1982 by-election in Leeds-Grenville. Here is his obituary from the Kingston Whig-Standard:

Neil Reynolds is being remembered Sunday night as one of the top editors in Canadian newspaper history, and for being the person responsible for turning the Whig-Standard into a great small-city daily that won national awards and international recognition.

Reynolds died on Sunday in Ottawa. He was 72.

“He was the great editor of Canada from the mid-’70s to the early-2000s because of his ability to improve papers,” said Harvey Schachter, who became editor of the Whig after Reynolds’ departure in 1992.

Reynolds had been city editor of the Toronto Star in 1974 when he suddenly left to return to Kingston and take on an editing job with the Whig-Standard. By 1978 he was planning to move on when publisher and Whig owner Michael Davies offered him the top newsroom job.

Reynolds promptly hired Schachter, Michael Cobden and Norris McDonald to fill out the editors’ ranks.

“The Whig was really the start,” said Schachter. “Why the Whig stood out is he took it from a pretty mundane paper to being the top small-town paper in North America.”

Reynolds’ political career didn’t last long, as he joined the LPC in 1982, held the party leadership for a year, then returned to full-time journalism. His Wikipedia page says that his 13.4% of the vote in that by-election was the highest percentage of the vote achieved by an LPC candidate.

May 19, 2013

Top Three Common Myths of Capitalism

Filed under: Business, Economics, Liberty, USA — Tags: , , , , — Nicholas @ 09:09

Is being pro-business and pro-capitalism the same? Does capitalism generate an unfair distribution of income? Was capitalism responsible for the most recent financial crisis? Dr. Jeffrey Miron at Harvard answers these questions by exposing three common myths of capitalism.

May 18, 2013

The micro-state of Sealand

Filed under: Britain, Europe, Government, Liberty, WW2 — Tags: , , , — Nicholas @ 08:56

Thomas Hodgkinson reports on his week-long visit to the tiny nation of Sealand:

Sealand

Seven miles off the coast of Suffolk, there is a country. It isn’t a very big country. In fact, its surface area extends to no more than 6,000 square feet, which is about twice the size of a tennis court. You won’t find it on Google Maps and it isn’t a member of Nato or, indeed, the EU. But it exists. And I know, because I’ve been there.

[. . .]

The reason for this suspicion of strangers in general lies in the violent, picaresque nature of its past. Sealand was built in 1943 by the Royal Navy as an anti-aircraft fortress designed to shoot down Luftwaffe planes. In those days it was equipped with two 94mm Vickers heavy anti-aircraft guns and two 40mm Bofors light anti-aircraft guns, and manned by 120 seamen crammed into accommodation in the hollow concrete towers. It was known as HM Fort Roughs, or Roughs Tower for short. Abandoned after the War, it gathered rust and guano, a gloomy relic of conflict, until the era of pirate radio in the 1960s.

Then two rival entrepreneurs competed for possession, regarding the fort as the perfect place (since it was outside the three-mile zone that then constituted British territorial waters) from which to broadcast pop music to a grateful generation of teenagers. The piratical pair were the long-haired Irish chancer Ronan O’Rahilly, of Radio Caroline fame, and one Roy Bates, a cravat-wearing former Army major.

Each time one of them put men on Roughs Tower, the other would send people to eject them, sometimes forcibly. It was a question of who was prepared to go further, and the answer turned out to be the Englishman. For Bates, the solitary fortress became far more than a radio project. It became an obsession that would absorb not only his life, but also the lives of his wife and children.

The key thing, he knew, was to maintain a presence. With even one occupant, Roughs Tower was tough to take. But Roy couldn’t afford a guard, so instead he plucked his 14-year-old son Michael out of school and put him up there, sometimes with his daughter Penny, sometimes with his wife Joan. For Michael, this was a welcome escape from the dreary rigours of a public-school education, but as he confided to me during a long lunch on-shore after my visit, “I expected it to last six months, not 40-something years”.

Sealand2

May 17, 2013

Reason.tv’s West Wing Weak: Your Guide to Obama’s Scandal-Filled Week

Filed under: Government, Liberty, Media, USA — Tags: , , — Nicholas @ 08:22

The Obama White House has released the latest installment of its ongoing and self-congratulatory video series, West Wing Week. But despite touting itself as “your guide to all things 1600 Pennsylvania Ave.,” the new episode seems to be missing some of the key stories that have hit the headlines over the past few days.

There’s no mention, for instance, of Benghazi or the AP phone tapping — and the IRS scandal is barely mentioned in passing.

Perhaps the White House is just too busy completely redacting documents requested under the Freedom of Information Act to fully document its recent highlights.

In a surge of civic pride, Reason TV is happy to offer “West Wing Weak,” our look back at the administration’s past seven days.

“West Wing Weak” is written and produced by Meredith Bragg and Nick Gillespie, who also narrates.

May 14, 2013

In other Minnesota news, same-sex marriage becomes legal today

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:57

Jacob Sullum notes that Minnesota becomes the twelfth state to legalize same-sex marriage today:

Today Minnesota, where voters last fall rejected a constitutional amendment banning gay marriage, becomes the 12th state to give homosexual unions the same legal status as heterosexual unions. The state legislature approved the bill yesterday, and Gov. Mark Dayton plans to sign it this evening. Minnesota is the third state to legalize gay marriage in the last 10 days, following Rhode Island on May 2 and Delaware on May 7. The nine other states are Maine, Maryland, New Hampshire, Vermont, and New York, where legal recognition of gay marriage was approved by the legislature or by voters, plus Connecticut, Iowa, and Massachusetts, where courts required the change.

May 12, 2013

Thomas Szasz was no conservative

Filed under: Health, Liberty, Media — Tags: , , , , — Nicholas @ 09:50

In Reason, Jacob Sullum looks at an essay on the late Thomas Szasz that puzzlingly attempts to portray him as a staunch conservative:

In an interesting but puzzling Aeon essay, Cornell historian Holly Case notes the resemblance between contemporary doubts about the scientific foundation of psychiatry and the critique first laid out by Thomas Szasz half a century ago. “It might be that the world has only recently come around to his way of thinking,” Case suggests. Yet she misconstrues an important aspect of Szasz’s thinking by portraying him as “a staunch Republican” and a “conservative,” apparently unaware of his self-proclaimed libertarianism. Szasz, who died last year at the age of 92, was a Reason contributing editor for decades. He described the main motivation for his intellectual career as “my passion against coercion,” which he opposed (outside of situations involving the defense of rights) no matter who was advocating it, left, right, or center. Hence he opposed forced psychiatric treatment, but he also opposed interference in consensual transactions between psychiatrists and voluntary patients. Here he parted company with some left-wing critics of psychiatry.

[. . .]

But Case focuses mainly on common ground between what she views as right-wing and left-wing critics of psychiatry. Beginning in the 1960s, she writes, “Right and left sought to eliminate insanity in order to lionise dissent, legitimise the marginal and condemn the new normal. Few other issues show a convergence of right and left so far-reaching, while still allowing both sides to adhere to their politics and maintain a sense of total opposition.” At the same time, she says “Szasz was conspicuously alone in mounting the barricades from the right,” so she really needs him to be a right-winger. Bending the facts to fit her thesis, she ascribes to Szasz a “distinctively conservative perspective.” That label does not jibe with his opposition to drug prohibition and his forthright defense of the right to suicide, two major themes of his career that Case tellingly ignores. Szasz’s position on physician-assisted suicide combined both of these themes and demonstrated that his perspective was in fact distinctively libertarian. He opposed Oregon’s Death With Dignity Act (later imitated by Washington) because it medicalized a moral decision and required people to meet government-dictated criteria before they could legally end their lives. If the drug laws did not make it difficult for people to obtain substances useful for suicide (such as barbiturates), he said, there would be no need for physician-assisted suicide.

Modernizing the “rules for radicals”

Filed under: Liberty, Media, Politics — Tags: , , , , — Nicholas @ 09:20

James Delingpole suggests that the Saul Alinsky playbook needs a bit of updating for the current radicals (that is, not the broadly left-wing radicals of Alinsky’s day):

Why do we need some new rules? Because the old ones were written in the 70s by a Marxist community organiser called Saul Alinsky. He had some useful ideas, many of which we can steal or adapt. But some of them are ill-expressed or incoherent. Eg Rule 10 “The major premise for tactics is the development of operations that will maintain a constant pressure upon the opposition.” I think he could have omitted that one, don’t you, without jeopardising his place in history as a great revolutionary thinker?

Who are we? Not the same as the radicals of Alinsky’s generation, that’s for sure. Alinsky’s radicals were broadly on the left: Che admirers; Black Panthers; communist revolutionaries; hippies; communitarians; environmentalists; radical feminists. The hegemony which they were trying to destroy was, very loosely, a conservative one.

Today, though, the positions have reversed. We new radicals are broadly — but not exclusively — of the right, not the left. Many of us would describe ourselves as conservatives, classical liberals, libertarians, UKIPers, Tea Partiers. Revolutionaries, yes, but in the traditions of Burke, Wilkes, Cobbett, and, indeed, the Minutemen and the Founding Fathers, rather than of Marx and Lenin. Some of us might not even think of ourselves as righties, but that’s OK, it’s the direction of travel that matters not the labelling.

We’re against: arbitrary authority; big government; high taxes; overregulation; corporatism; cosy stitch ups between the banksters, the lawyers and the political class; the EU; the UN; identity politics; eco-fascists; elf-n-safety; wind turbines; quantitative easing…

We’re for: empiricism; sound money; free markets; liberty; small government; low taxes; deregulation; cheap energy; rigour; meritocracy; integrity; equality of opportunity, perhaps, but most definitely not equality of outcome.

We’re on the right side of a culture war which currently we’re losing. Why are we losing? Not because we’re bad people. Not because we don’t have all the truth, all the logic, all the arguments on our side. We’re losing because, thanks to Alinsky, the enemy has a forty-year head start on us. They’ve got the techniques. All we’ve got is the moral high ground — except, the way Alinsky’s acolytes have brilliantly spun it, we don’t get to enjoy the benefits even of that.

May 11, 2013

The “Liberator” isn’t really a gun … it’s a political theatre prop

Filed under: Liberty, Media, Politics, USA, Weapons — Tags: , , , , — Nicholas @ 00:01

In The Register, Lewis Page points out that the 3D printed “Liberator” isn’t actually much of a gun at all:

People are missing one important point about the “Liberator” 3D-printed “plastic gun”: it isn’t any more a gun than any other very short piece of plastic pipe is a “gun”.

You can take my Liberator ... and shove it

You can take my Liberator … and shove it

Seriously. That’s all a Liberator is: a particularly crappy pipe, because it is made of lots of laminated layers in a 3D printer. Attached to the back of the pipe is a needlessly bulky and complicated mechanism allowing you to bang a lump of plastic with a nail in it against the end of the pipe.

An actual gun barrel is a strong, high quality pipe — almost always made of steel or something equally good — capable of containing high pressure gas. It has rifling down the inside, making it narrow enough that the hard, tough lands actually cut into the soft bullet jacket (too small for the bullet to actually move along, unless it is rammed with massive force). At the back end there is a smooth-walled section, slightly larger, into which a cartridge can be easily slipped.

It’s not much of a gun at all. But as with the old saying about the dancing bear, it’s not how well it dances but that it dances at all. After some 100,000 downloads, the company was requested to take the files offline on Thursday:

May 10, 2013

Colby Cosh on “gendercide”

Filed under: Cancon, Health, Law, Liberty, Religion — Tags: , , , , — Nicholas @ 10:53

Despite the federal government’s efforts to keep this debate from happening, we apparently are going to be having a big national debate about abortion. (For those following from outside the borders of Former Soviet Canuckistan, Canada doesn’t actually have any abortion law on the books at the moment, and Stephen Harper’s government of “bitter-clinging, right-wing, Bible-thumping, fundamentalist Christian” Conservatives is desperate not to have to bring one in.) Colby Cosh explains why the efforts by some back-bench MPs to use “gendercide” as a way to force the government’s hand won’t work:

Here, then, is my contribution to the big conversation.

(1) “Gendercide” is incoherent religious militancy in cheap drag. (Editors certainly shouldn’t be taking sides by putting it in headlines as if it were an actual thing.)

(2) However you feel about personal eugenics, which is an accurate name for “mothers choosing babies that are likely to be better in some respect they deem relevant”, the Era Of It is arriving now and will not be wished away.

(3) Sex-selective abortion perpetrated for reasons of religious superstition is, upon all evidence, a marginal phenomenon in this country, probably a fading one, and quite likely to be an inherently self-correcting one. It makes a shabby excuse for blowing up the political truce our country clings to when it comes to the topic of abortion. (It seems remotely possible that Stephen Harper has perceived this and concurs with it.)

(4) In particular, no statute is likely to be effective against sex selection by mothers. We had one, you know, and it actually made a hypothetical exception for parents at risk of X-linked gene disease. A Liberal government devoted to “reproductive choice” criminalized sex-selective embryo implantation by means of the Assisted Human Reproduction Act; a Supreme Court found that law offensive to the Constitution; and a Conservative government closed the agency that was supposed to enforce it because it had accomplished the sum total of jack squat ever.

(5) People who wish to police sex-selective abortion had better figure out what exactly kinds they don’t like. And why. And what other reasons for a woman to have an abortion don’t cut their brand of mustard. And whether they really want their wives, girlfriends, daughters or nieces to end up as a future Case 6 running afoul of the law.

(6) Fellow-travellers of Mark Warawa who think he makes an awesome test case for parliamentary purity should consider looking for one that, pardon the metaphor, doesn’t have quite so many oopsies in its DNA.

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